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VIA CERTIFIED MAIL ______________        VIA CERTIFIED MAIL________________

NOTICE OF VIOLATION

TO:    J. T. Battenberg III, President        CT Corporation System
    Delphi Automotive Systems            Registered Agent for
    5725 Delphi Dr.                Delphi Automotive Systems
    Troy, Michigan 48098            One N. Capitol Avenue
                            Indianapolis, Indiana 46204

Cause No. H-13769

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Delphi Delco Electronics Systems, located at 1800 East Lincoln Road, Kokomo, Indiana, on April 8 and 9, 1999. The EPA I.D. No. of the facility is IND 000806851.

    The inspection revealed violations of the Indiana Code (IC) 13-30, the Used Oil Management Rules under 329 IAC 13, and the Hazardous Waste Management Rules under 329 IAC 3.1. Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR Part 260 through 40 CFR Part 273.

    The violations observed are as stated in Finding No. 7 of the enclosed proposed Agreed Order.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an order pursuant to IC 13-30-3-4 containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.

    Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner under IC 13-30-3-4 or the filing of a civil court action under or IC 13-14-2-6. IDEM encourages timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced penalty. Settlement discussions will also give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violations occurred.

    Please contact the Enforcement Case Manager, Ms. Brenda Lepter, at 317/233-5971, within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to Ms. Lepter at the above address within the sixty (60) day settlement period.

                        FOR THE COMMISSIONER:                         

    Signed on 7/14/99
Date: _______________            _____________________
                        Felicia Robinson George
                        Assistant Commissioner
                        Office of Enforcement

Enclosure

cc:    Howard County Health Department
    Office of Legal Counsel
    Mr. John Naddy, Office of Solid and Hazardous Waste Management
    Ms. Becky Eifert, Office of Solid and Hazardous Waste Management
    File 1B2, OSHWM File Room
    http://www.state.in.us/idem                         
    

Converted by Andrew Scriven